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removed from the runway from time to time but agreed that it constituted a hazard on the airport. He further stated that he and the Municipal Airport Commission were arranging for the replacement of the present boundary lights so as to include only that part of the airport suitable for landing purposes, thus eliminating approximately 1,500 feet of the No. 1 runway but leaving about 4,000 feet, the original length of the runway, available for operation.
Mr. Page said that a written warning order with a sketch of the airport and the area to be affected by the construction and improvements had been issued by his office on November 23, 1940, notifying the Civil Aeronautics Administration and all persons operating aircraft on the airport of the hazards created by the construction program. The regional office for the Fifth Region of the Civil Aeronautics Administration issued a Notice to Airmen on November 30, 1940, which set forth the anticipated condition of the airport with the instruction printed thereon that the notice should be kept posted conspicuously until December 17, 1940, when presumably it would be replaced by another Notice to Airmen. In addition, the Civil Aeronautics Administration's communications station at St. Louis issued, on December 10, to all stations on teletype circuit No. 7, which includes the Chicago station, a notice describing the current condition of the airport. This notice was posted on the airport bulletin board at Chicago and was seen there by Captain Susott.
Thus, on December 11, 1940, the day of the accident, the normal condition of the airport had been affected the construction of
